Victims' Attorneys Claim NTSB Report "Not Admissible" in Veteran Train Accident

Victims' Attorneys Claim NTSB Report "Not Admissible" in Veteran Train Accident

By Devin Sanchez

NewsWest 9

MIDLAND- It's been nearly a year since the tragic train accident that killed four veterans in Midland. The National Transportation Safety Board released their report and found fault with the City of Midland and Show of Support. No fault was found with Union Pacific.

The report states, "failure of the City of Midland and parade organizer, Show of Support, to identify the risks associated with routing a parade over a highway-railroad crossing."

"It's their report, so if you're needing anything, holler at them about it, but no we don't have a comment," is all Terry Johnson with Show of Support said.

The law office of Glasheen, Valles and Inderman, LLC. sent NewsWest 9 a statement saying:

"The NTSB report is not admissible in our case. The NTSB has not seen most of the evidence that we have developed in our case - for example the NTSB does not even have the deposition testimony of the numerous UPRR (Union Pacific Railroad) employees who have admitted that their signal malfunctioned and have admitted that UPRR was negligent. We will have no other comment."

In the report, the NTSB stated Union Pacific didn't know about the parade route.

In an email sent to NewsWest 9, Union Pacific said: "The NTSB investigation and subsequent findings speak for themselves. We disagree with the plaintiffs' attorneys' characterization of the testimony and evidence in the case."

A civil lawsuit against Union Pacific and Smith Industries, the company that owned the trailer that was hit, is scheduled to begin in April 2014.